Thomas v. Desney
Supreme Court of Iowa
Appeal from Guthrie Circuit Court. Action to foreclose a mortgage executed by Helen and Daniel Desney. Messrs. Jackson and C. Aultman & Co. were made defendants,it being stated they claimed title to or a lien on the mortgaged premises, but that the same was junior to the mortgage.
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Appeal from Guthrie Circuit Court. Action to foreclose a mortgage executed by Helen and Daniel Desney. Messrs. Jackson and C. Aultman & Co. were made defendants,it being stated they claimed title to or a lien on the mortgaged premises, but that the same was junior to the mortgage. A decree by default was entered against all the defendants except Aultman & Co. Between the latter and the plaintiff it was stipulated the cause.should be “referred to Hon. J_ R. Barcroft, to take the evidence in writing, to find the facts and law, and to report to the court.” This was done; the referee made his…
1Opinion of the CourtSeevers, J.
As the only parties to this appeal are the plaintiff and Aultman & Co., the latter will be designated defendant. The only contention between the parties is as to who has *59the prior lien on the real estate mortgaged. The mortgage was executed and recorded in November, 1877, and thereunder the plaintiff claims. The defendant claims under a judgment by confession which was entered of record May 21, 1877. The judgment being prior in point of time the plaintiff claims it should be held to be junior to the mortgage on two grounds: First, the judgment was rendered against “Ellen Desney” and the…
2Cases cited5 opinions
- State v. ShawSupreme Court of Iowa · 1869
- Huston v. SeeleySupreme Court of Iowa · 1869
- Smith v. WolfSupreme Court of Iowa · 1881
- Wyllis v. AultSupreme Court of Iowa · 1877
- Dickey v. BrownSupreme Court of Iowa · 1881
3Cited by27 opinions
- United States v. Archie W. BrawnerCourt of Appeals for the D.C. Circuit · 1972
- Helwig v. FogelsongSupreme Court of Iowa · 1914
- Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
- Thornily v. PrenticeSupreme Court of Iowa · 1903
- Hubbard v. Robert B. Wallace Co.Supreme Court of Iowa · 1926
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